P. v. Superior Court (Sahlolbei) CA4/2
As relevant to this petition, defendant and real party in interest Hossain Sahlolbei (Dr. Sahlolbei) was charged with violating Government Code section 1090, which generally prohibits acts constituting a conflict of interest on the part of ‘[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees . . . .” The trial court followed People v. Christiansen (2013) 216 Cal.App.4th 1181 (Christiansen), which held that independent contractors cannot be held criminally liable under section 1090, and dismissed the charge (one of two pending against Dr. Sahlolbei). The People sought review, and this court affirmed the trial court in a split decision, the majority also relying on Christiansen. The California Supreme Court reversed and remanded for proceedings consistent with its opinion, disapproving Christiansen to the extent it is inconsistent with a finding that an independent contractor can be held criminally liable under section 1090.
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